Patient group says up to 100 women could sue

Up to 100 women who claim they were maltreated by Dr Neary during the 1970s, 80s and 90s are now likely to sue him following …

Up to 100 women who claim they were maltreated by Dr Neary during the 1970s, 80s and 90s are now likely to sue him following yesterday's High Court decision.

The court decided that Ms Rosemary Cunningham, from Corlea in Kingscourt, Co Cavan, was not debarred from taking an action for damages against Dr Neary for the alleged unnecessary removal of her left ovary in 1991.

Dr Neary had claimed the case was statute-barred or outside the legal time limit set for bringing the action.

Ms Sheila O'Connor, of Patient Focus, which represents many of Dr Neary's former patients, said the ruling meant women who claimed they were damaged by him would not be denied justice due to lapse of time.

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She claimed many of the women had their wombs unnecessarily removed by Dr Neary, but did not know this until recent years, which prevented them from taking civil actions earlier.

Dr Neary practised at Our Lady of Lourdes Hospital in Drogheda from 1974 to 1998. An inquiry into his professional misconduct began shortly after he was suspended from the hospital in 1998 and earlier this year he was struck off the medical register, having being found guilty of professional misconduct by the Medical Council's Fitness to Practise Committee.

Ms O'Connor said the women in her group were "really pleased" with yesterday's judgment.

"At the moment the number of women in our group is between 130 and 140 and about 110 of them were patients of Dr Neary."

She believed the vast majority of them, about 100, would take cases against him, adding that others who believed they had been damaged were still coming forward.

Dr Neary also claimed an earlier civil action against him was statute-barred. That case was taken by Ms Alison Gough, from Ardee, Co Louth, who was awarded €223,000 earlier this year after the courts accepted her womb was unnecessarily removed.

"It seems that defence that the event happened too long ago is now gone," Ms O'Connor said.

Ms Cunningham told RTÉ Radio 1's News at One yesterday that she was delighted with the judgment.

It is not known if Dr Neary and his co-defendants will appeal yesterday's ruling to the Supreme Court.